Former DeWitt town manager alleges he was fired as retaliation; files notice of claim

DEWITT, NY - Michael Moracco, who served as DeWitt town manager for eight years - has filed a notice of claim against the town alleging he was fired as retaliation for bringing up concerns of impropriety.

Moracco, who is now East Syracuse village clerk, wants his job back, along with back wages and attorney's fees, according to the notice of claim.

He says he was let go in November 2017 because he raised concerns about "unlawful and unethical actions by the town," according to the notice of claim. He also argues he was terminated because tried to stop those actions.

A person filing a notice of claim, or legal notice of an intent to sue, has a year and 90 days to file a lawsuit. This notice of claim was dated Feb. 8, 2018. It was obtained by Syracuse.com through a Freedom of Information Law request.

Tom Cerio, lawyer for the town of DeWitt, said Moracco "is a disgruntled former employee striking out because he was terminated."

Cerio said anyone can sue and allege anything in today's world. "We will respond to these claims with the truth, throughout the process, " Cerio said.

Town Supervisor Ed Michalenko also said the allegations made by Moracco are false.

Moracco and his lawyer did not respond to requests for comment.

The notice of claims charges that Moracco began raising concerns about actions he believes were unlawful and unethical starting in 2016. His allegations include:

The town violated terms of a a grant agreement for Carrier Park, which required the town to finish the Butternut Creek project before securing a $500,000 state grant for Carrier Park

That Michalenko directed town funds be used to cover Carrier Park construction costs and payments on a bond for the project, and then stating those funds would be reimbursed with the grant funds when they became available.

Moracco said in the papers he told Michalenko that would be improper, and the supervisor became "agitated and sharp" and "insinuated he would move ahead with the plan" without Moracco if he didn't cooperate.

Hiring a marketing representative, Kelly Grace Smith, who was a friend of Michalenko's and didn't have a marketing background, Moracco alleges. She was hired without town board approval or competitive bidding, the papers allege.

Directing Moracco to pay Smith out of a state grant and then out of the town's fund balance without authorization from the board. When Moracco refused, Moracco says he was told to "just do it."

In August 2017, Moracco said he distributed a memo to board members outlining his concerns, the papers say, and Michalenko was "furious" and stated "anyone can be replaced."

On Nov. 7, 2017, Michelanko was re-elected as supervisor, and six days later Moracco was fired.